§4762 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines key words used in this chapter. "Office" means the Office of Personnel Management. "Federal agency" means an executive or military department, an independent establishment, or any agency in the executive branch, including government-owned or controlled corporations. "State" means a U.S. State, the District of Columbia, Puerto Rico, the Trust Territory of the Pacific Islands, or any U.S. territory or possession, and includes interstate and Federal‑interstate agencies but not local governments. "Local government" means a city, town, county, or similar subdivision or district and their agencies; a "general local government" is a usual city, town, or county. Even if population rules in sections 4723(a) and 4743(c) would exclude them, "local government" and "general local government" also include the recognized governing body of an Indian tribe, band, pueblo, or other organized group or community, including Alaska Native villages (as defined in the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.]) that carry out significant government functions. The governor review rules in sections 4723(c) and 4743(d) do not apply to grant applications from tribal governing bodies, though tribes may still choose to work voluntarily with State and local governments.

Title 42, §4762

The Public Health and Welfare — Source: USLM XML via OLRC

For the purpose of this chapter—

(1)“Office” means the Office of Personnel Management;

(2)“Federal agency” means an executive department, military department, independent establishment, or agency in the executive branch of the Government of the United States, including Government owned or controlled corporations;

(3)“State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and a territory or possession of the United States, and includes interstate and Federal-interstate agencies but does not include the governments of the political subdivisions of a State;

(4)“local government” means a city, town, county, or other subdivision or district of a State, including agencies, instrumentalities, and authorities of any of the foregoing and any combination of such units or combination of such units and a State. A “general local government” means a city, town, county, or comparable general-purpose political subdivision of a State; and

(5)Notwithstanding the population requirements of section 4723(a) and 4743(c) of this title, a “local government” and a “general local government” also mean the recognized governing body of an Indian tribe, band, pueblo, or other organized group or community, including any Alaska Native village, as defined in the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which performs substantial governmental functions. The requirements of section 4723(c) and 4743(d) of this title, relating to reviews by the Governor of a State, do not apply to grant applications from the governing body of an Indian tribe, although nothing in this chapter is intended to discourage or prohibit voluntary communication and cooperation between Indian tribes and State and local governments.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, means the provisions of subchapters I, II, III, and IV of this chapter. See section 4761 of this title. The Alaska Native Claims Settlement Act, referred to in par. (5), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of Title 43 and Tables.

Amendments

1978—Par. (3). Pub. L. 95–454 inserted reference to Trust Territory of the Pacific Islands. 1975—Par. (5). Pub. L. 93–638 added par. (5).

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of Title 5, Government Organization and Employees.

Executive Documents

Transfer of Functions

“Office” and “Office of Personnel Management” substituted for “Commission” and “Civil Service Commission”, respectively, in par. (1), pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in Civil Service Commission and Chairman thereof to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

§4762 Definitions